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I am in the early stages of a divorce although I have been

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I am in the early stages of a divorce although I have been separated from my wife for over five years. In the application for divorce, the reason used is separation for more than two years with consent, rather than separation for five years. Will the reason for divorce have any bearing on the subsequent negotiations or financial settlement? In other words, should I sign the form, or change the reason for divorce?

I can confirm that it is the position that the grounds for divorce will not affect the position in relation to matrimonial finances at all.

Behaviour is a factor that can be taken into account in relation to the matrimonial finances, but even that has to be a very high level. There was a case where one spouse 'wrecked' the matrimonial home and effectively reduced its value and that was not considered enough in relation to behaviour.

With a petition on the basis of 2 years rather then 5 years this requires both of your consent. This basically means that the only difference between them is that you could if you wished under a 2 year petition withdraw your consent at any point which would mean that your wife would then have to petition again, perhaps under the 5 year route.

If you are now embarking on resolving the matrimonial finances then you need to consider referring to mediation. This is actually a prerequisite before an application can be made to court in relation to the matrimonial finances.

Google family mediation in your area and give them a call to self refer. Mediation is independent and will try and help you both reach a resolution in relation to the matrimonial finances. They will help you through full and frank disclosure and also discussions about division.

If an agreement can be reached at mediation then this can be prepared into a consent order and submitted to the court when decree absolute is applied for and if approved by the court it will become legally binding. If agreement cannot be reached at mediation then the mediator will sign the form that then allows you to make an application to court.

If I can assist you you further then please do not hesitate to ask.

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today. Your question will remain open when you leave positive feedback and I will be able to answer your follow up questions for free for you.

Thank you very much for the swift reply, that is very helpful.I do not yet have a solicitor, partly as the relationship is relatively amicable - but I take your point about mediation, as finances will be an issue, I think.In the meantime, could you advise on what to answer on the first page of the application, specifically questions 4 (do you intend to defend the case - i assume no), 6 (do you intend to apply to the court for it to consider your financial position - i dont know what this relates to), 7 (do you object to paying the cost of the proceedings).She is not seeking to reclaim costs of the application, but is seeking a financial order as part of the application for her and two children.Many thanks,.

4 - that is correct, if you want to be divorced and do not wish to contest the same then you put NO

6 - this is if you seek a claim in relation to the matrimonial finances - its worth just putting a YES here

7 - this depends on whether your wife is seeking costs or not - have a look at the divorce petition to see if she is or not (Just read your next sentence) !! if she is not seeking cists then you can respond here that COSTS ARE NOT BEING SOUGHT

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